Measuring Tile Drainage in Iowa

The past, present, and future of the Chevron Doctrine

In 1981, the Environmental Protection Agency (EPA) implemented the “Bubble” Policy, which exercised its agency powers to interpret regulations from the Clean Air Act. Three years later, the landmark case Chevron v. Natural Resources Defense Council challenged the "Bubble" Policy. The Supreme Court decision to this case upheld the policy, determining that a federal agency can use its discretion and expertise to interpret an ambiguous law. For four decades, "Chevron Deference" has enabled federal agencies to create policies and implement the law when Congress is not explicit to meet the needs of modern times.

On June 28, 2024, the Supreme Court in a 6-3 ruling overturned the district court’s decision and officially struck down Chevron Deference in the case of Loper Bright Enterprises v. Raimondo. This case was elevated to the Supreme Court after Loper Bright Enterprises filed a lawsuit with the Department of Commerce for a regulation known as the Magnuson-Stevens Act, which required government-appointed inspectors to be on board fishing vessels to ensure fishing companies are in compliance with federal regulations and not overfishing. As of 2013, inspection costs were to be incurred by fishing businesses themselves, rather than the National Marine Fisheries Service, to which a D.C. Circuit and Court of Appeals cited the Chevron Doctrine as grounds for the interpreted regulation.

This new ruling transfers an extraordinary amount of power from the executive branch, and agencies like the EPA, to the judicial branch of government. Judges, who likely have little to no subject-matter expertise and are not accountable to the public, are now responsible to determine how ambiguous policies will be implemented in often highly technical, complicated cases which would otherwise be left to the authorization of an expert.

Read more about the 2024 Chevron Doctrine Ruling here.

Land along Missouri River transferred to Winnebago Tribe

This summer, the President Biden signed the Winnebago Land Transfer Act, authorizing roughly 1,600 acres of land along the Missouri River in Woodbury County to be transferred from the U.S. Army Corps of Engineers to the Winnebago Tribe. This legislation was initially introduced by Iowan Representative Randy Feenstra, cosponsored by the Nebraska and Iowa Congressional Delegations, as well as Representative Sharice Davids — a member of the Winnebago’s sister tribe, the Ho-Chunk Nation. The Act was passed by unanimous consent by the U.S. Congress in an unprecedented effort to restore the Winnebago Tribe's land. 

The Winnebago Tribe released the following statement by Chairwoman Victoria Kitcheyan as a result of the Winnebago Land Transfer Act being passed: 

“This is a truly historic moment for the Winnebago Tribe as lands that were taken from us over 50 years ago will soon be restored to the Tribe. Our ancestors, including the late Louis LaRose, fought tirelessly to secure and protect our homelands. We are honored to carry on their work and help send this bill to the President in their honor."

The land, known as Winnebago Bend Wildlife Area, including the majority of the waterfowl refuge at Snyder Bend Wildlife Area, was illegally redesignated to the Army Corps for a proposed recreation project back in 1970 which never came to fruition. Now, ownership will be restored as part of the Winnebago Reservation. Signage will soon designate the Winnebago Bend and portions of Snyder Bend as no longer open for public use. 

More information about the Winnebago Tribe, including their long history fighting to redesignate the land and their statements on the Winnebago Land Transfer Act, is available on their website.